Alabama Senate Bill SB126

Alabama 2023 Regular Session

• Introduced: 3/22/23
• Refer: 3/22/23

Caption

Relating to firearms; to establish the Gun Violence Protective Order Act; to provide for the issuance of ex parte gun violence protective orders and one-year gun violence protective orders; to require the surrender of all firearms and ammunition of a person subject to an ex parte gun violence protective order or one-year gun violence protective order; to provide for the renewal or early termination of an order; to provide criminal penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Impact

The Act mandates that upon issuance of a protective order, individuals must surrender any firearms and ammunition to local law enforcement. This provision significantly changes the landscape of firearm regulation in Alabama by integrating judicial processes with public safety considerations. It is designed to protect victims of domestic violence and other high-risk individuals by restricting access to firearms when a credible threat exists.

Summary

SB126, known as the Gun Violence Protective Order Act, establishes a legal framework for courts to issue gun violence protective orders to individuals deemed to pose an immediate danger to themselves or others. These orders can be issued in two forms: 'ex parte' orders for immediate situations and one-year orders following a court hearing. The legislation allows law enforcement and family members to petition for these orders when there’s evidence of potential gun-related harm, aiming to prevent incidents of gun violence through temporary firearm restrictions.

Contention

Contentious discussions surrounding SB126 largely focus on the balance between Second Amendment rights and the need for preventative measures against gun violence. Proponents argue that the legislation is vital for safeguarding communities from potential harm, while opponents express concerns regarding potential misuse of protective orders and the implications for individual freedoms. The bill also involves local financial implications as it may increase expenditures for law enforcement agencies handling the transfers and storage of surrendered firearms.